Arun Singh @ Arun Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17769 of 2020 Arising Out of PS. Case No.-32 Year-2020 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== ARUN SINGH @ ARUN KUMAR SINGH Son of Late Nagnarayan Singh @ Naga Singh Resident of Village - Sirsa, Dasrath Ray Ka Tola, P.S.- Baikunthpur, Dist.- Gopalganj.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Surendra Prasad Gupta, Advocate For the Opposite Party/s :

Mr.Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-06-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner apprehends his arrest in Baikunthpur P.S. Case No. 32 of 2020, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

4.500 litres of foreign liquor is said to have been recovered from the field of petitioner.

It is submitted that petitioner has falsely been implicated in this case. Nothing has been recovered from

Patna High Court CR. MISC. No.17769 of 2020(2) dt.11-06-2020 2/2 conscious possession of this petitioner. Recovery has been made from open place which is accessible to all. The provision of section 100 Cr.P.C has not been followed. Petitioner claims clean antecedent.

Considering the facts aforesaid, the petitioner abovenamed in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District Judge II-cum-Special Judge, Excise, Gopalganj in connection with Baikunthpur P.S. Case No. 32 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T